Supreme Court · 2001 INSC 110 · Decided 22 February 2001
Clarence Pais and Ors v. Union of India
- Court
- Supreme Court of India
- Citation
- 2001 INSC 110 · [2001] 2 S.C.R. 43
- Case number
- WRIT PETITION (CIVIL) No. 137/1997
- Decided
- 22 February 2001
- Bench
- S. RAJENDRA BABU, R.C. LAHOTI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32; Succession Act Section 213, 213(1)
Headnote
B Indian Succession Act, 1925 : .oi, Section 213(2) (as amended by KeralaAmendment Act, 1986)--Scope and ambit of-Probate ofWill-Reqidrement of-Applicability-Held: S. 213 c is not only applicable to Christians but also to other religions-Hence, it is not discriminatory-Indian Succession and citizen of India. Under Section 213 of the Indian Succession Act, 1925 there was a compulsory requirement of probating a Will to establish the right of an executor or a legatee under a Will and was D restricted to Indian Christians and certain other categories of persons professing Hindu
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